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This paper deals with the questions that Fichte´s rejection of occupatio as an original way to acquire property raises. That rejection is normally associated with an assumption of an original community of goods. However, if that were the case, it would leave Fiche exposed to Kant´s critique of original community of goods theories. Here I deal with the question of how to make coherent a prohibition of occupatio with the assumption that goods were originally res nullius. It shall be argued that Fichte´s theory cannot presuppose an original community of goods. Furthermore, that his theory of recognition is compatible with a rejection of occupatio and a belief that goods were originally res nullius and that it explains the idea of an adventitious community of goods.

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